LEGAL ETHICS
It is a branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics
1. Canons of Professional Ethics 2. Supreme Court Decisions 3. Statistics
4. Constitution
5. Treaties and Publications PRACTICE OF LAW
Rule 138, Section 1. Who may practice law – Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing is entitled to practice law.
CONCEPT OF PRACTICE OF LAW Cayetano v. Monsod, 201 SCRA 210
***Practice of Law means any activity in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the legal profession. Generally, to practice law is to give notice or render any kind of service, which devise or service requires the use, in any degree, of legal knowledge or skill.
Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession
(In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the
application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173).
PRACTICE OF LAW: A PRVILEGE
The law makes his passing the bar examination equivalent to a first grade civil service eligibility for any position in the classified service in the government the duties of which require knowledge of law, or a second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification.
1) It is a privilege burdened with conditions. READ: Adez Realty vs CA, 251 SCRA 201
2) While Practice of Law is a mere privilege, it has also the nature of a right. READ: Bongalonta vs. Castillo, 240 SCRA 310
a.Hence, attorneys cannot be restricted from appearing before the Patent Office by requiring them to pass an exam covering patent law. READ: Philippine Lawyers’ Association vs. Agrava, 105 Phil 173
Is the practice of law a natural or constitutional right?
The right to practice law is not a natural or constitutional right but is in the nature of a privilege or franchise. It is limited to persons of good moral character with special qualifications duly ascertained and certified. The right does not only presuppose in its possessor integrity, legal standing and attainment, but also the exercise of a special privilege, highly personal and partaking of the nature of a public trust. (In re: Petition for Authority to Continue Use of Firm Name, July 30, 1979)
PROFESSION, NOT BUSINESS
In this day and age, members of the bar often forget that the practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits. The gaining of a livelihood is not a professional but a secondary consideration. Duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves. The practice of law is a noble calling in which emolument is a byproduct, and the highest eminence may be attained without making much money. (Burbe v. Magulta, A.C. No. 99-634, June 10, 2002; Canlas v. Court of Appeals, 164 SCRA 160; R. Agpalo, Legal Ethics, pp. 12-13) REQUIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN THE PRACTICE OF LAW:
He must have been admitted to the Bar
Furnishing satisfying proof of educational, moral and other qualifications. Passing the bar
Taking the lawyer’s oath before the Supreme Court
Signing the Attorney’s Roll and receiving from the Clerk of Court of the Supreme Court a certification of the license to practice.
II. After his admission to the bar, a lawyer must remain in good and regular standing which is a continuing requirement to the practice of law. This means that her must:
Remain a member of the IBP
Regularly pay all IBP membership dues and other lawful assessments, as well as the annual privilege tax.
Faithfully observe the rules and ethics of the legal profession and Be continually subject to judicial disciplinary control.
What are the basic requirements for all applicants for admission to the bar?
age; (c) of good moral character; (d) a resident of the Philippines; and (e) that there are no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. (Section 2, Rule 138, Rules of Court)
i. What are the academic requirements for applicants? 1. They have regularly studied law for four years
2. They have successfully completed all prescribed courses in a law school or university: civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics
3. They have completed a four-year high school course
4. They have completed a course of study prescribed therein for a bachelor’s degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, history and economics
(Sections 5 and 6, Rule 138, Rules of Court)
ii. To whom is the practice of law extended?
The practice of law is a privilege extended to those who possess the high standards of intellectual and moral qualifications the Supreme Court is duty bound to prevent the entry of undeserving aspirants, as well as to exclude those who have been admitted but have become a disgrace to the profession. (Bar Matter No. 810, In re: Petition to take the Lawyer’s Oath of Arthur M. Cuevas, Jr., January 27, 1998)
iii. For whom is the practice of law reserved?
It is reserved only to those who are academically trained in law and possessed of good moral character not only at the time of admission to the Bar but even more so, thereafter, to remain in the practice of law. (People vs. Tuanda, 181 SCRA 692; Melendrez vs. Decena, 176 SCRA 662; In re: Al Argosino, 246 SCRA 14)
What are the requirements after passing the Bar?
i. Successful applicants shall take and subscribe before the Supreme Court the corresponding oath of office. (Section 17, Rule 138, Rules of Court)
ii. The Supreme Court shall admit the applicant, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of court. (Section 18, Rule 138, Rules of Court)
Academic Requirements for Candidates:
a bachelor’s degree in arts or sciences (a.k.a Pre-law course) completed course on
civil law
commercial law remedial law
public international law private international law political law
labor and social legislation medical jurisprudence taxation
legal ethics
APPEARANCE OF NON-LAWYERS
The general rule is that only those who are licensed to practice law can appear and handle cases in court. There are however exceptions, to wit: (Ernesto L. Pineda, “Legal and Judicial Ethics”, 1999 Edition, pp. 22-23)
i. In cases before the Municipal Trial Courts, a party may conduct his own case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Rule 138, Section 34, RRC; Laput v. Bernabe, 55Phil 621; Cantimbuhan v. Cruz, Jr., 126 SCRA 190). ii. Before any other court, a party may conduct his litigation personally. But, if he gets someone to aid him, that someone must be an authorized member of the bar (Rule 138, ibid). He is bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim he was not properly represented by counsel (People v. Sim Ben, 98 Phil 138).
iii. In a criminal case before a municipal trial court in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is a resident in the province, of good repute for probity and ability to aid the accused in his defense (Rule 116, Section 7, RRC). If there are available members of the bar, the judge cannot appoint a non-lawyer as defense counsel for the accused (Paar v. Borromeo, 79 Phil 344).
iv. A senior law student who is enrolled in a recognized law school’s clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent ckients accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school (Rule 138-A, Section 1, RRC).
v. Under the Labor Code, non-lawyers may appear before the National Labor Relations Commission or any Labor Arbiter, if (1) they represent themselves, or if (2) they represent their organization or members thereof with written authorization of the latter, or (3) they are duly accredited members of any legal aid office duly recognized by the Department of Justice, or the Integrated Bar of the Philippines in cases referred to by the latter (Article 222, P.D. 442, as amended; Kanlaon Construction Enterprises Co., Inc. v. NLRC, 279SCRA 337).
vi. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Section 9).
vii. Any person appointed to appear for the Government of the Philippines in accordance with law (Rule 138, Section 33, RRC).
viii. A non-lawyer may represent a party before the Agrarian Reform Adjudication Board (DARAB).
Limitations of Appearance of non-lawyers
He should confine his work to non-adversary contentions.
He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence.
Services should not be habitually rendered.
Should not charge or collect attorney’s fees (PAFLU vs Binalbagan Isabela Sugar Co. 42 SCRA 302).
f. Who are absolutely prohibited from engaging in private practice of law? The following public officials are prohibited to engage in the private practice of law: (Ernesto L. Pineda, “Legal and Judicial Ethics”, 1999 Edition, p. 24)
i. Judges and other officials or employees of the superior court (Rule 138, Section 35, RRC);
ii. Officials and employees of the Office of the Solicitor General (Ibid);
iii. Government prosecutors (People v. Villanueva, 14 SCRA 109; Aquino v. Blanco, 79 Phil 647);
iv. President, Vice President, Members of the Cabinet, their deputies and assistants (Article VIII, Section 13, 1987 Constitution);
v. Members of Constitutional Commissions (Article IX-A, Section 2, 1987 Constitution);
vi. Ombudsman and his deputies (Article IX, Section 8 [2nd paragraph], 1987 Constitution;
vii. All governors, city and municipal mayors (Republic Act No. 7160, Section 90);
viii. Those who by special law are prohibited from engaging in the practice of their legal profession.
g. What are the instances when the private practice of law may be restricted? Some public officials are not absolutely disqualified to practice law. They are merely subject to certain restrictions: (Ernesto L. Pineda, “Legal and Judicial Ethics”, 1999 Edition, pp. 24-26)
i. No Senator or Member of the House of Representatives maypersonally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies (Article VI, Section 14, 1987 Constitution). Since the practice of law covers a wide range of legal activities, the Senator or Congressman is allowed to engage in the other aspects of the law practice such as giving of legal advice to clients, negotiating contracts in behalf of clients which necessitates legal knowledge, preparation of documents of conveyance and similar others.
ii. Under the Local Government Code (R.A. No. 7160, Section 90), Sanggunian members may practice their professions, provided that if they are members of the Bar, they shall not:
a local government unit or any office, agency, or instrumentality of the government is the adverse party;
2. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;
3. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and
4. Use property and personnel of the Government except when the Sanggunian member concerned is defending the interest of the Government.
iii. Under R.A. 910, Section 1, as amended, a retired justice or judge receiving pension from the Government cannot act as counsel in any civil case in which the Government or any of its subdivisions or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.
REMEDIES AGAINST UNATHOURIZED PRACTICE 1. Petition for Injunction
2. Declaratory Relief 3. Contempt of Court
4. Disqualification and complaints for disbarment
5. Criminal complaint for estafa who falsely represented to be an attorney to the damage Party.
PUBLIC OFFICIALS AND PRACTICE OF LAW
Public Officials who cannot engage in the private practice of law in the Philippines:
1. Judges and other officials as employees of the Superior Court(Rule 148, Sec. 35, RRC). 2. Officials and employees of the OSG(Ibid).
3.Government prosecutors (Peo v. Villanueva, 14 SCRA 109).
- if permitted by their department head should only be in isolated cases involving relatives or close family friends
4. President, Vice-President, members of the cabinet, their deputies and assistants, ( Ar t. VIII Sec. 15, 1987 Constitution).
5. Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution).
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution). 7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those who, by special law, are prohibited from engaging in the practice of their legal profession
Restrictions in the Practice of Law of Members of the Legislature
No senator or member of the House of Representatives may personally appear as counsel before any courts of justice or before the Electoral Tribunals, or quasi-judicial and other administration bodies xxx (Art. VI, Sec. 14, 1987 Constitution).
Restrictions in the practice of law of members of the Sanngunian
Under the Local Government Code (R.A. 7180, Sec. 90), Sanggunian members may
practice their professions provided that if they are members of the Bar, they shall not:
appear as counsel before any court in any civil case wherein a local government unit or any unit, agency, or instrumentality of the government is the adverse party;
appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;
collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and
use property and personnel of the Government except when the Sanggunian member concerned is defending the interest of the government.
Restrictions in the practice of law of members of the Judiciary
Under RA 910, Sec. 1, as amended, a retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies in the adverse party or in criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.
LAWYER’S OATH
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.
******Memorize this and think that you will take this oath after the Bar and it shall be so.****
Nature of a Lawyer’s Oath:
► The lawyer’s oath is not a mere formality recited for a few minutes in the glare of flashing cameras and before the presence of select witness. (In re: Arthur M. Cuevas, Jr. 285 SCRA
►The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian v. Calis, Adm. Case No. 5118, Sept. 9,
1999)
2. DUTIES AND RESPONSIBILITIES OF A LAWYER SOCIETY
Respect for Law and Legal Processes
CANON 1. A Lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.
‘A lawyer is the servant of the law and belongs to a profession to which society has entrusted the administration of laws and the dispensation of justice.’
The role of lawyers in the community (Lee v. Tambago)
While the duty to uphold the constitution and obey the law is an obligation imposed on every citizen, a lawyer assumes responsibilities well beyond the basic requirements of good citizenship. As a servant of the law, a lawyer should moreover make himself an example for others to emulate.
Not to engage in unlawful, dishonest, immoral or deceitful conduct. Immoral or deceitful conduct involves moral turpitude
Immoral conduct – willful, glagrant, or shamelss and which shows a moral indifference to the opinion of the good and respectable members of the community (Arciga v. Maniwag)
Moral turpitude – anything done contrary to justice, modesty or good morals, or to any vileness, baseness or depravity in the private and social duties that a man owes to his fellowmen or society, contrary to accepte4d rule of right and duty between man and man.
Conviction for crime involving moral turpitude – a number of lawyers have been
suspended or disbarred for conviction of crimes involving moral turpitude such as: estafa bribery murder seduction abduction smuggling
falsification of public document
People vs. Tuanda, A.C. 3360
good moral character. This qualification is not only a condition precedent to an admission to the practice of law; its continued possession is also essential for remaining in the practice of law.
Instances of Gross Immorality and the Resulting Consequences:
Abandonment of wife and cohabiting with another woman. Disbarred. Bigamy perpetrated by the lawyer. Disqualified from admission to the Bar
A lawyer who had carnal knowledge with a woman through a promise of marriage which he did not fulfill. Disbarred.
Seduction of a woman who is the niece of a married woman with whom the respondent lawyer had adulterous relations. Disbarred.
Lawyer arranging the marriage of his son to a woman with whom the lawyer had illicit relations. After the marriage of the woman to the respondents son, he continued his adulterous relations with her. Disbarred
Lawyer inveigling a woman into believing that they had been married civilly to satisfy his carnal desires. Disbarred
Lawyer taking advantage of his position as chairman of the college of medicine and asked a lady student to go with him to manila where he had carnal knowledge of her under threat that if she refused, she would flunk in all her subjects. Disbarred
Concubinage coupled with failure to support illegitimate children. Suspended indefinitely Maintaining adulterous relation ship with a married woman. Suspended indefinitely
Not to counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system
An organization known to be violating the law should not be promoted
Services to be engaged by an organization whose members are violating the law should not be given, to defend them when they get caught
Cosmos Foundry Shop Workers Union vs. Lo Bu, 63 SCRA 321
He was of course expected to defend his client’s cause with zeal, but not at the disregard of the truth and in defiance of the clear purpose of labor statutes.
In re:1989 IBP Elections, 178 SCRA 398
Respect for law is gravely eroded when lawyers themselves, who are supposed to be minions of the law, engage in unlawful practices and cavalierly brush aside the very rules that the IBP formulated for their observance.
To stir up litigation is a crime known as maintenance at common law.
Volunteering advice to bring lawsuit is prohibited except in cases where ties of blood, relationship or trust make it his duty to do so (Canon 28, CPE)
Paying reward, directly or indirectly, to those who bring or influence the bringing of such cases to his office is prohibited
Unethical: agreeing with a purchaser of future interests to invest therein in consideration of his services
The purpose of prohibition is to prevent ambulance chasing and barratry
Ambulance chasing- solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the lawyer himself
Barratry – offense of frequently stirring up quarrels and suits, either at law or otherwise; lawyer’s act of fomenting suits among individuals and offering his legal services to one of them
Castaneda vs. Ago, 65 SCRA 512
It is the duty of a counsel to advise his client ordinarily a layman to the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client’s cause is defenseless, it is his bouden duty to advise the latter to acquiesce and submit, rather than traverse the inconvertible. A lawyer must resist the whims and caprices of his client, and temper his propensity to litigate. A lawyer’s oath to uphold the cause of justice is superior to his duty to his client; its primacy indisputable.
Avoid, end or settle the controversy if it will admit of a fair settlement
Amicable settlement enjoy benefits better than litigation; saves time and ill feelings
Compromise or confession of judgment – for clearly unmeritorious cases; accords respect to the just claim of the other party
A “compromise is as often the better part of justice as prudence is the better part of valor” A lawyer cannot compromise the case without client’s consent. Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g. urgent action is necessary and there is no opportunity for consultation.)
The problem involves a conflict of interests (attorney’s fees vs. litigation expenses), which a lawyer should resolve against self-interest.
De Ysasi III v. NLRC, 231 SCRA 173
The useful function of a lawyer is not only to conduct litigation but also to avoid it
whenever possible by advising settlement or withholding suit. xxx He should be a mediator for concord and conciliator for compromise, rather than a virtuoso of technicality in the conduct of litigation.
Melendrez vs. Decena, 176 SCRA 662
A lawyer cannot, without special authority, compromise his client’s litigation or receive anything in discharge of the client’s claim but the full amount in cash. A compromise entered into without authority is merely unenforceable.
However, a lawyer has the exclusive management of the procedural aspect of the litigation including the enforcement of rights and remedies of the client.
CANON 2. A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession
Not to reject the cause of the defenseless except for valid reasons
If the party is without means to employ a lawyer and his services are necessary to protect the rights of such party, or to designate him as counsel de oficio
Legal Aid Program – by the IBP; nationwide basis in favor of the poor; “not a matter of charity”; a means of correcting the social imbalance; in the spirit of public service
People v. Estebia, 27 SCRA 106
The lawyer so assigned has to render effective services, under pain of disciplinary sanction should he fail or neglect to do so, until he is excused therefrom by the court.
Not to refuse to render legal advice
May refuse to accept the cause of the defenseless/oppressed when he cannot carry out the work effectively or competently
May advise what preliminary steps to take, until the client shall have secured the services of a counsel
Refrain when the lawyer labors under a conflict of interests
Not to do or permit any act designed to solicit legal business
The best advertisement for a lawyer is a well-deserved reputation for competence, honesty and fidelity to private trust and public duty.
A lawyer who agrees with a non-lawyer to divide attorney’s fees paid by clients supplied or solicited by the non-lawyer is guilty of malpractice, the same being a form of solicitation of cases.
Rule 138, Sec. 27, Rules of Court
The law prohibits lawyers from soliciting cases for the purpose of gain, either personally or through paid agents or brokers, and makes the act malpractice.
Characteristics which distinguishes the legal profession from business:
1. a duty of public service, of which the emolument is a by-product, and in which one may sustain the highest eminence without making much money;
a relation as an “officer of the court” to the administration of justice involving thorough sincerity, integrity, and reliability;
a relation to clients in the highest degree of fiduciary;
a relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice or
dealing directly with their clients.
Types of advertising or solicitations not prohibited (Ulep vs. Legal Clinic 223 SCRA 378)
Publication of reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, or brief biographical and informative data.
The use of ordinary simple professional card. The card contain only a statement of his name, the name of the law firm which he is connected with, address, telephone no., and special branch of law practiced.
Publication or a public announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession.
In re: Tagorda, 53 Phil. 37
To allow a lawyer to advertise his talent or skill is to commercialize the practice of law, lower the profession in public confidence and lessen his ability to render efficiently that high character of service to which every member of the bar is called.
It is destructive of the honor of a great profession. It lowers the standards of that profession. It works against the confidence of the community in the integrity of the members of the bar. It results in needless litigation and in incenting to strife otherwise peacefully inclined citizens.
Not to charge rates lower than those customarily prescribed
Valid justification of charging lower rates: relatives, co-lawyers, too poor
What the rule prohibits is the competition in the matter of charging fees for professional services for the purpose of attracting prospective clients in favor of the lawyer who offers lower rates.
True, Honest, Fair, Dignified and Objective Information on Legal Services
CANON 3. A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts.
Not to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-auditory or unfair statement of claim regarding his qualifications or legal services
Unethical, whether done by him personally or through another with permission
The proffer of free legal services to the indigent, even when broadcast over the radio or tendered through circulations of printed matter to the general public, offends no ethical rule In the choice of a firm name, no false, misleading, or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communication that said partner is deceased
advisable though that the year of the death be also indicated.
B.R. Sebastian Enterprises Inc. vs. CA, 206 SCRA 28
Death of a partner does not extinguish the client-lawyer relationship with the law firm.
Antonio vs. CA, 153 SCRA 592
Negligence of a member in the law firm is negligence of the firm. When the counsel of records is the Law Firm, the negligence of the lawyer assigned to the case consisting in his leaving for abroad without notifying his colleagues is negligence of the Law Firm.
Dacanay vs. Baker & Mckenzie
Filipino lawyers cannot practice law under the name of a foreign law firm.
Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently
Public officials who cannot engage in the private practice of law:
judges and other officials as employees of the SC (Rule 148, Sec 35, RRC) officials and employees of the OSG
government prosecutors (P v. Villanueva, 14 SCRA 109
president, vice-president, members of the cabinet, their deputies and assistants ( Art VIII Sec 15, 1987 Constitution)
members of the constitutional commission ( Art IX-A Sec 15, 1987 Constitution) ombudsman and his deputies ( Art IX-A Sec 8, 1987 Constitution)
all governors, city and municipal mayors 9RA 7160, Sec 91) those prohibited by special law
Public officials with restrictions in the practice of Law
No Senator as member of the House of Rep may personally appear as counsel as before the Electoral tribunals, as quasi-judicial and other administrative bodies ( Art VI Sec 15, 1987 Constitution)
Local Government Code (RA 7160, Sec 91) Sanggunian members may practice their profession provided that they shall not:
appear as counsel before any court in any civil case wherein a LGU or any office, agency or instrumentality of the government is the adverse party;
appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;
collect any fee for their appearance in administrative proceedings involving the LGU of which he is an official
use property and personnel of the government except when the he is defending the interest of the government
RA 910, Sec 1, a retired justice or judge receiving pension from the government cannot act as counsel in any civil case in which the government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the government is accused of an offense in relation to his office
anticipation of, or in return for, publicity to attract legal business.
Participation in the Improvement and Reforms of the Legal System
CANON 4. A lawyer shall participate in the improvement of the legal system by initiating or supporting efforts in law reform and in the administration of justice.
A duty that flows from the lawyer’s sense of public responsibility
A lawyer must broaden out and continue to grow in knowledge and competence in order to be able to make the law socially responsive.
Participation in Legal Education Program
CANON 5. A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence.
For service in the judiciary and being in the active practice of law require continuous study and research on the law from beginning to end. (Abad v. Bleza 145 SCRA 1)
Three-fold obligation of a lawyer
he owes it to himself to continue improving his knowledge of the laws;
he owes it to his profession to take an active interest in the maintenance of high standards of legal education;
he owes it to the lay public to make the law a part of their social consciousness.
In the discharge of such duties, a lawyer should however see to it that his activities may not develop into solicitation of legal business or popularity-hunting
Mandatory continuing legal education – Members of the IBP not exempt under Rule 7shall complete every 3 years at least 36 hours of continuing legal education activities, with appropriate penalties for failure to do so, in accordance with the Rules on Mandatory Continuing Legal Education
Purpose of MCLE: to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.
De Roy vs. Court of Appeals, 157 SCRA 757
It is the bounden duty of counsel as lawyer in active law practice to keep upbreast of decisions of the Supreme Court particularly where issues have been clarified, consistently reiterated, and published in the advance report of Supreme Court decisions (G.R.s) and in such publications as the Supreme Court Reports Annotated (SCRA) and law journals.
Zualo vs. CFI of Cebu, CA-G.R. No. 27718-R, July 7, 1961
Attorneys should familiarize themselves with the rules and comply with their requirements. They are also chargeable with notice of changes in the rules which have been held as including not only express reglementary provisions but also a regular practice under the Rules of Court.
B.THE LEGAL PROFESSION
Integrated Bar of the Philippines
National organization of lawyers created on January 16, 1973 under Rule 139-A, Rules of Court and constituted on May 4, 1973 into a body corporate by P.D. No.181
Fundamental Purposes of IBP (Rule 139-A,Sec 2)
elevate the standards of legal profession improve the administration of justice
enable the Bar to discharge its responsibility more effectively
In re: Edillon, 84 SCRA 554
The Integration of the Philippine Bar means the unification of the entire lawyer population. This requires (1) membership and (2) financial support of every attorney as condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court.
In re: Integration of the Philippines, 49 SCRA 22
While Republic Act No. 6397 provides that the “Supreme Court” may adopt rules of courts to effect the integration of the Philippine bar, said law neither confers a new power nor restricts the Court’s inherent power but is mere legislative declaration of the integration of the bar will promote public interest or will “raise the standard of the legal profession, improve the administration of justice and enable the bar to discharge its public responsibility more effectively.”
The Integrated Bar is strictly non-political. To maintain its non-political color, no lawyer holding an elective, judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any chapter thereof. A delegate, governor, officer or employee of the Integrated Bar or an officer or employee of any chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof.
The deliberative body of the Integrated Bar is the House of Delegates. It is composed of not more than one hundred and twenty members apportioned among all the chapters by the Board of Governors according to the number of their respective members, but each chapter shall have at least one Delegate.
Membership and Dues (Rule 139-A)
President who shall be chosen by the Governors immediately after the latter's election, either from among themselves or from other members of the Integrated Bar, by the vote of at least five Governors. Each of the regional members of the Board shall be ex officio Vice President for the Region which he represents.
The President and the Executive Vice President shall hold office for a term of one year from the date of their election and until their successors shall have duly qualified. The Executive Vice President shall automatically become the President for the next succeeding full term. The Presidency shall rotate from year to year among all the nine Regions in such order or rotation as the Board of Governors shall prescribe. No person shall be President or Executive Vice President of the Integrated Bar for more than one term.
The Integrated Bar shall have a Secretary, a Treasurer, and such other officers and
employees as may be required by the Board of Governors, to be appointed by the President with the consent of the Board, and to hold office at the pleasure of the Board or for such terms as it may fix. Said officers and employees need not be members of the Integrated Bar.
Section 8. Vacancies. — In the event the President is absent or unable to act, his duties shall be performed by the Executive Vice President; and in the event of the death, resignation, or removal of the President, the Executive Vice President shall serve as Acting President during the remainder of the term of the office thus vacated. In the event of the death, resignation, removal, or disability of both the President and the Executive Vice President, the Board of Governors shall elect an Acting President to hold office until the next succeeding election or during the period of disability.
The filling of vacancies in the House of Delegates, Board of Governors, and all other positions of Officers of the Integrated Bar shall be as provided in the By-Laws. Whenever the term of an office or position is for a fixed period, the person chosen to fill a vacancy therein shall serve only for the unexpired term.
Section 9. Membership dues. — Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.
Section 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of
membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys.
Section 11. Voluntary termination of membership; re-instatement. — A member may terminate his membership by filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be stricken by the Court from the Roll of Attorneys. Reinstatement may be made by the Court in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court.
Upholding the Dignity and Integrity of the Profession
Rivera vs. Angele 339 SCRA 149 (2000)
The respect of the public to the legal profession is immeasurably enhanced by the faithful performance of the lawyer’s duties to the court, to society, to his brethren in the profession, and to his client. Conversely, such respect is inexorably diminished whenever a member of the bar betrays his trust and confidence reposed upon him by his client.
profession and support the activities of the Integrated Bar.
Ducat,Jr. v. Villalon, Jr. 337 SCRA 622
Public confidence in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the Bar. Thus every lawyer should act and comport himself in such a manner that would promote public confidence in the integrity of the legal profession. Members of the bar are expected to always live up to the standards of the legal profession as embodied in the CPR.
Duty to the IBP be not limited to merely paying of dues but should also help realize its objectives and purposes.
A lawyer shall be answerable for knowingly making false statements or suppressing a material fact, in connection with his application to the bar.
A student, at the earliest period shall study and observe the duties and responsibilities of a lawyer. He cannot claim that not being a member of the bar, the CPR does not apply to him. Non-adherence to the standards of conduct may prevent him from being admitted to practice, and if admitted without the SC acquiring knowledge, he may be disbarred for such misconduct.
If he passes the bar and he is later found to have made false statements in his application, he may be disbarred for such falsehood.
In re Ramon Galang, 66 SCRA 282
That the concealment of an attorney in his application to take the Bar examinations of the fact that he had been charged with, or indicted for an alleged crime, as a ground for revocation of his license to practice law, is well settled.
Rule 138, Sec. 13, RRC
No candidate shall endeavor to influence any member of the committee, and during examinations the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate who violates this prohibition or any other provision of this rule, shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court.
A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute.
Canon 29, CPE
A lawyer should aid in guarding the Bar against admission to the profession of candidates unfit or unqualified for being deficient in either moral character or education.
Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct.
In re Parazao 82 Phil 230
A lawyer should volunteer information or cooperate in any investigation concerning alleged anomaly in the bar examination so that those candidates who failed therein can be ferreted out and those lawyers responsible therefore can be disbarred.
A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
A lawyer should endeavor to conduct himself at all times in such a way as to give credit to the legal profession and to inspire the confidence, respect and trust of his clients and the community.
To justify suspension or disbarment, the act must not only be immoral; it must be grossly immoral as well.
Grossly immoral act- so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. (Reyes v. Wong)
Even if the evidence is not sufficient, the lawyer may be reprimanded where such evidence shows failure on his part to comply with the rigorous standards of conduct appropriately required form the members of the bar and officers of the court.
Melendrez vs. Decena
A lawyer who commits an unlawful act though not related to the discharge of his professional duties as a member of the Bar, which puts his moral character is serious doubt, renders him unfit to continue in the practice of law.
In re: Pelaez, 44 Phil. 567
The grounds for disciplinary actions enumerated under the Rules of Court are not exclusive and are so broad as to cover practically any misconduct of a lawyer in his professional or private capacity.
Toloza vs. Cargo, 171 SCRA 21
As officers of the court, lawyers must not only in fact be of good moral character but also be seen of good moral character and leading lives in accordance with the highest moral standards of the community.
Courtesy, Fairness, and Candor Towards Professional Colleagues
CANON 8. A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel.
“Do as adversaries do in law: strive mightily but eat and drink as friends.”
A lawyer should not avoid performance of an agreement fairly made because it is not reduced to writing. (Canon 25 CPE)
Restrain client from improprieties and to terminate his relation with him if the latter persists in wrongdoing. (Canon 16 CPE)
It is not improper for a lawyer to accept employment to compel another lawyer to honor the just claim of a layman. It is highly proper that he do so. His action toward such end, as writing
a letter of demand to the lawyer, does not constitute unethical conduct as it is a mere honest effort on his part to serve the interest of his client.
The fact that one of the opposing counsels conducts himself improperly does not relieve the other from professional obligation in his relation with him.
Yap-Paras v. Paras A.C. 4947
Mutual bickerings and unjustified recriminations between attorneys detract from the dignity of the legal profession and will not receive sympathy from the Court.
Perkins v. Perkins 57 Phil 223
A lawyer should treat the opposing counsel and other lawyers with that courtesy, dignity and civility all have a right to expect.
Yulo vs. Seng, 106 Phil. 110
He should not take advantage of the excusable unpreparedness or absence of counsel during the trial of a case.
Canon 9, CPE
A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.
A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.
Report of IBP Committee, p. 41
Any kind of language which attacks without foundation and integrity of the opposing counsel or the dignity of the court may be stricken off the records or may subject a lawyer to disciplinary action.
Surigao Mineral Reservation Board vs. Cloribel, 31 SCRA 1
Disrespectful, abusive and abrasive language, offensive personality, unfounded accusations or intemperate words tending to obstruct, embarrass or influence the court in administering justice, or to bring it into disrepute have no place in a pleading. Their employment serves no useful purpose and on the contrary constitutes direct contempt or contempt in facie curiae.
In re: Gomez, 43 Phil. 376
A lawyer who uses intemperate, abusive, abrasive or threatening language portrays disrespect to the court, disgraces the Bar and invites the exercise by the court of its disciplinary power.
In re: Climaco, 55 SCRA 107
A lawyer’s language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession.
National Security Co. vs. Jarvis
The lawyer’s arguments, whether written or oral, should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman
to another.
Rheem of the Philippines vs. Ferrer, 20 SCRA 441
Lack of want of intention is no excuse for the disrespectful language employed. Counsel cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning.
A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of the lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.
A lawyer should not steal the other lawyer’s client nor induce the latter to retain him by a promise of better service, good result or reduced fees for his services. Neither should he disparage another, make comparisons or publicize his talent as a means to feather his law practice.
Canon 7, CPE
It is, however, the right of a lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel.
Laput vs. Remotigue, 6 SCRA 45
He may properly accept employment to handle a matter which has been previously handled by another lawyer, provided that the other lawyer has been given notice by the client that his services have been terminated.
In re: Soriano, 33 SCRA 801
x x x Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain the conformity of the counsel whom he would substitute. And if this cannot be had, then he should, at the very least, give notice to such lawyer of the contemplated substitution.
His entry of appearance in the case without the consent of the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel.
In re: Clemente M. Soriano, 33 SCRA
A lawyer who has acquired knowledge of the malpractices of a member of a Bar, has the duty to the public and to the legal profession to inform the Supreme Court or the IBP of such malpractices to the end that the malpractitioner be properly disciplined.
The lawyer subsequently retained as additional counsel should communicate first with the original counsel before he enters his appearance in the case.
Canon 7, CPE
A client’s proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should be frankly stated to him for his final determination.
CANON 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character.
A lawyer must not form a partnership with a lay accountant to specialize in income tax work and related accounting unless he ceases entirely to hold himself out as a lawyer and confines his activities strictly to such as are open to accountants.
Rule 71, sec.3 (e), RRC
The act of pretending or assuming to be an attorney or an officer of the court and acting as such without authority is punishable with contempt of court. The lawyer who assists in an unauthorized practice of law whether directly or indirectly is subject to disciplinary action.
US v. Ney & Bosque, 8 Phil 146
A lawyer may not, without aiding the unauthorized practice of law by layman, establish a law office with one who has not been licensed to practice law.
Guballa vs. Caguioa, 78 SCRA 302
A lawyer is prohibited from taking as partner or associate any person who is not authorized to practice law – to appear in court or to sign pleadings. A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts.
Eco v. Rodriguez 107 Phil 612
A lawyer should not delegate to a layman any work which involves the application of law, such as the computation and determination of the period within which to appeal an adverse
judgement.
Comments of IBP Committee, pp. 47-48
A lawyer can employ lay secretaries, lay investigators, lay detectives, lay researchers,
accountants or non-lawyer draftsmen, to undertake any task not involving practice of law. He may also avail himself of the assistance of law students in many of the fields of the lawyer’s work, such as the examination of a case law, finding and interviewing witness, examining court records, delivering papers, and similar matters.
A lawyer shall not divide or stipulate a fee for legal service with persons not licensed to practice law, except:
where there is a pre-existing agreement with the partner or associate that, upon the latter’s death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or
where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
where the lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is based in whole as in part, on a profit-sharing arrangement. The first two exceptions to the rule, strictly speaking, represent compensation during his
lifetime, which is to be paid to his estate or heirs.
Lawyer shall not negotiate with the opposite party who is represented by a counsel. Neither should lawyer attempt to interview the opposite party and question him as to the facts of the case even if the adverse party is willing to do so.
Lawyer should deal only with counsel, even if there’s a fair agreement.
Lawyer may however interview any witness or prospective witness for the opposing side. Limitation: avoid influencing witness in recital and conduct.
A lawyer must not take as partner or associate one who: is not a lawyer
is disbarred
has been suspended from the practice of law foreign lawyer, unless licensed by the SC.
A lawyer cannot delegate his authority without client’s consent even to a qualified person.
Comments of IBP, p. 49; In re Sycip, 92 SCRA 1
Impropriety arises where the effect of the arrangement is to make the estate or heir a member of the partnership along with the surviving partners, or where the estate or heirs is to receive a percentage of the fees that may be paid form future business of the deceased lawyer’s clients because such fees no longer represent compensation for the past services of the deceased lawyer but for future services of the law firm or its surviving partners.
Tan Tek Beng v. David, 126 SCRA 389
A contract between a lawyer and a layman granting the latter a percentage of the fees collected from clients secured by the layman and enjoining the lawyer not to deal directly with said clients is null and void, and the lawyer may be disciplined for unethical conduct.
Halili v. CIR 136 SCRA 113
A donation by a lawyer to a labor union of part of his attorney’s fees taken from the proceeds of a judgment secured by him xxx is improper because it amounts to a rebate or commission.
Duties of Attorneys:
to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines;
observe and maintain the respect due to the courts of justice and judicial officers; to counsel or maintain such actions or proceedings only as appear to him as just, and
such defenses only as he believes to be honestly debatable under the laws;
to employ, for the purpose of maintaining the causes confided to him, such means as only as are consistent with truth and honor, and never seek to mislead the judge as any judicial officer by an artifice or false statement of fact or law;
to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval;
to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged;
not to encourage either in the commencement or the continuance of an action or proceeding, or delay any man’s cause for any corrupt motive or interest;
never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
in the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.
TERMS TO REMEMBER
Bar- refers to the whole body of attorneys and counselors, collectively, the members of the legal profession
Bench-Denotes the whole body of judges
Practice of Law - - Any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
Bar Admission – act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction (Black Law Dictionary Sixth Edition, p.149).
Lawyer – This is the general term for a person trained in the law and authorized to advise or represent others in legal matters.
Trial Lawyer – A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients.
Practising Lawyer – One engaged in the practice of law. All trial lawyers are practicing lawyers, but not all practicing lawyers are trial lawyers.
prosecuting or defending a suit in his behalf and usually for a fee.
Attorney-at-Law/Counselor-at-law/lawyer/attorney/counsel/abogado/boceros – that class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729).
Attorney-in-fact – an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessary a lawyer.
Counsel de officio - a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and ability, to defend the accused. [Sec. 7 Rule 116, Rules of Court (1985)]
Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factor’s Traders Insurance Corp., 33 La. Ann. 209)
Attorney of Record – one who has filed a notice of appearance and who hence is formally mentioned in court records as the attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds. Cal. 2d580). Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5 Am. Jur. 261)
Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and direction of a party’s case.
House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.
Amicus curiae – a friend of the court, not a party to the action; is an experienced and impartial attorney invited by the court to appear and help in the disposition of the issues submitted to it. It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong.
Amicus curiae par excellence – bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it.
Advocate – The general and popular name for a lawyer who pleads on behalf of someone else.
Barrrister (England) – a person entitled to practice law as an advocate or counsel in superior court.
Solicitor (England) – A person prosecuting or defending suits in Courts of Chancery.
Solicitor (Philippines) – A government lawyer attached with the Office of the Solicitor General.
Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of
Laws but membership of the Bar after due admission thereto, qualifying one for the practice of law.
The power of the Supreme Court to regulate the practice of law includes:
• authority to define the term
• prescribe the qualifications of a candidate to and the subjects of the bar examinations
• decide who will be admitted to practice
• discipline, suspend or disbar any unfit and unworthy member of the bar • reinstate any disbarred or indefinitely suspended attorney
• ordain the integration of the Philippine Bar
• punish for contempt any person for unauthorized practice of law and • in general, exercise overall supervision of the legal profession.
Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law:
Habituality Compensation
Application of law, legal principle, practice, or procedure Attorney-Client relationship
Suspension, Disbarment and Discipline of Lawyers
a. Nature and Characteristics of Disciplinary Actions Against Lawyers
(1) Sui Generis
A proceeding for suspension or disbarment being neither civil or criminal in nature but one presented sui generis, there is no complainant nor prosecutor to speak of. If there is a complainant, it is the Court itself, not the members thereof.
(2) Prescription b. Grounds
Section 27 of Rule 138 of Rules of Court enumerates the grounds for disbarment or suspension, as follows:
SEC. 27.Disbarment or suspension of attorneys by Supreme Court; grounds therefor. —A member may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.
*These enumerated grounds are not exclusive. For settled is the rule that the statutory enumeration of the grounds for disciplinary actions constitutes no limitation on the genera power of the Supreme Court to suspend or disbar lawyers. Gross violation of any provisions of the Code of Professional Responsibility and lawyer’s oath is also a ground for disciplinary action against lawyer.
*Generally, any misconduct on the part of a lawyer in his professional or private capacity which shows him to be wanting in moral character may justify his suspension or removal. The continuous possession of good moral character is a condition for the privilege to practice law and if that condition is broken by any act of misconduct on the part of the lawyer, the withdrawal of the privilege is justified.
b.1. Breach of Duties to Court
i. Obstructing justice and abuse of legal process ii. Misleading the court
iii. Forum shopping
iv. Preferring false charges v. Introducing false evidence
vi. Blackmail; Violation of Canon 19
vii. Willfully disobeying court orders and disrespect to court viii. Using vicious or disrespectful language
ix. Continuing to practice after suspension b.2. Breach of Duties to Client
i. Negligence in the performance of duties ii. Ignorance of law
iii. Employment of unlawful means iv. Deceit or misrepresentation
v. Representing adverse interest and revealing client’s secrets vi. Purchasing client’s property in litigation
vii. Failing to account or misappropriating client’s property viii. Collecting unreasonable fees
ix. Acting without authority
x. Willfully appearing without being retained b.3. Breach of Duties to the Bar
i. Unethical conduct
ii. Defaming fellow lawyers
iii. Communicating with adverse party iv. Encroaching upon business of another v. Soliciting business
vi. Advertising
vii. Cooperating in illegal practice of law viii. Nonpayment of IBP dues
b.4. Other Grounds for Discipline i. Non-professional misconduct ii. Gross immorality
iii. Conviction of crime involving moral turpitude iv. Promoting to violate or violating penal laws
v. Misconduct in the discharge of duties as a public officer] vi. Commission of fraud or falsehood
vii. Misconduct of notary public
c. Proceedings
* A disciplinary action is in reality an investigation by the court into the misconduct of its officer or an examination into his character. The examination, like the one before admission, is merely a test of fitness. It is nonetheless a judicial proceeding.
* A disciplinary proceeding against an attorney is confidential in nature until its final determination. It has three-fold purpose:
